[Amended 12-20-1999 by Ord. No. O-20-99]
A landscape buffer shall be provided within
any nonresidential zone where a development abuts or is located across
from a residential zone, or residentially developed property. The
buffer shall provide a year-round visual screen to minimize adverse
impacts from the site on adjacent properties. The following buffer
area and landscaping requirements shall apply:
|
Zone
|
Buffer Width
(feet)
|
|---|---|
|
A, AH-1 and AH-2
|
25
|
|
CBD
|
10
|
|
B-1
|
10
|
|
B-2
|
30
|
|
I-1
|
30
|
|
I-2
|
30
|
|
I-3
|
30
|
|
OAL
|
30
|
B.
Buffer areas will be contiguous with residential property
lines and shall be of uniform width.
C.
If the buffer is less than 20 feet wide, the applicant
may be required to erect and landscape a six-foot-high stockade fence
within the buffer area, parallel to the lot line of the abutting residential
lot.
D.
Buffer areas shall be maintained and kept clean of
all debris, rubbish, weeds and tall grass. Any screen planting shall
be maintained permanently, and any plant material which does not live
shall be replaced within one year or one growing season.
E.
No structure, activity, storage of materials, driveways
or parking of vehicles shall be permitted in the buffer area, except
permitted signs as specified in the district regulations.
F.
Requirements for planting in buffer area.
(1)
A solid and continuous landscaped screen shall be
planted and maintained to conceal the parking and loading areas, eliminate
the glare of vehicle lights throughout the year and camouflage the
building from the abutting residential areas. The landscaped screen
shall consist of evergreen trees, such as hemlock, Douglas fir, Norway
spruce, etc. Evergreen trees shall not be less than eight feet high
when planted, and the lowest branches shall be not more than one floor
above the ground. In the event that the existing evergreen trees do
not cover the required area from the ground, said landscaping screen
shall be supplemented with evergreen shrubbery.
(2)
In addition to the landscaped screen, shade trees
shall be planted by the applicant at a distance of not more than 40
feet from each other.
(3)
If the buffer area includes existing growth of evergreen
and deciduous trees and shrubbery, but not enough to provide a suitable
screen as required above, existing trees and shrubbery may remain
and shall be supplemented by additional evergreen plantings to provide
the required landscaped screen. In the event that the approving authority
finds that further plantings of evergreens will not grow satisfactorily
in said buffer areas, stockade fence(s) six feet high shall be erected
in the buffer area.
G.
The approving authority shall have the power to waive
any of the requirements or details specified above if it is determines
an adequate buffer can be provided in less than the required width
while maintaining the purposes of this section. The approving authority,
when considering waiving any of the buffer requirements, shall review
the proposed plat and the standards and purposes of this chapter and,
to these ends, shall consider the location of buildings, parking areas,
outdoor illumination and topographic features of the area and existing
features such as trees and streams; the efficiency, adequacy and safety
of the proposed layout of driveways, streets, sidewalks and paths;
the adequacy and location of screening and parking areas, structures
and uses; and such other matters as may be found to have a material
bearing on the above standards and objectives.
A.
The Borough of Wharton finds that the development
of unimproved or vacant land for the purpose of erecting home sites
has resulted in indiscriminate and excess cutting of trees upon tracts
of land and has resulted in creating increased surface drainage and
soil erosion, thereby increasing municipal costs to control drainage
within the Borough. It further finds that such excessive removal and
destruction of trees impairs the proper occupancy of existing residential
areas and impairs the stability and value of improved and unimproved
real property in such areas, with attendant deterioration of conditions
affecting the health, safety and general welfare of the inhabitants
of the Borough, and further finds that regulation of the indiscriminate
removal of trees is within the police power of the Borough.
B.
APPROPRIATE DECISIONAL AUTHORITY
DRIPLINE
PERMITS
TREE
Definitions. For purpose of this section, the following
words shall have the meanings indicated:
The municipal entity, either the Zoning Officer or Planning
Board, to which the application for tree removal permit is submitted.
The limiting line established by a series of perpendicular
drop points marking the maximum radius of the crown of an existing
tree but not less than six feet from the trunk, whichever is greater.
A license issued by the Construction Code Official or Zoning
Officer to remove or destroy trees.
Any living tree having a trunk of a diameter of eight inches
or greater measured at a height of three feet above natural grade.
C.
Cutting or removal restricted. With the exception of the exemptions set forth in § 165-98E, no person shall cut or remove or cause to be cut or removed any tree with a diameter of eight inches or greater upon any lands within the Borough unless the cutting or removal can be accomplished in compliance with the provisions of this chapter. Additionally, the following shall not be permitted:
(1)
No person shall place any guy wire, brace or other
device on any tree in such a manner as to injure it;
(2)
No person shall hitch or fasten an animal to any tree
or shrub upon a public highway or to any guard or support provided
for the same or permit an animal to bite or otherwise injure any tree
or shrub;
(3)
No person shall permit any brine, gas or injurious
chemical or liquid to come in contact with the stump or roots of any
tree or shrub upon a public highway, other than routine salting for
hazardous road conditions as affects the health and safety of the
general public; and
(4)
No person shall prevent, delay or interfere with any
lawful work undertaken by the Construction Official or his authorized
agent.
D.
Permit required for removal of trees/shrubs on Borough-owned
land. No person shall do or cause to be done any of the following
acts affecting trees, shrubbery or ornamental material planted or
growing naturally within the roadways or public places under the jurisdiction
of the Borough, except with a written permit obtained from the Zoning
Officer:
(1)
Cut, trim, break, disturb the roots of, or spray with
defoliants any living tree or shrub; or injure, misuse or remove any
structure or devices placed to support or protect any tree or shrubs.
(2)
Place or remove, or climb with spikes, any living
tree or shrub.
(3)
Fasten any rope, wire, electric attachments, sign
or other device to a tree or shrub, or to any guard about such tree
or shrub.
(4)
Close or obstruct any open space provided about the
base of a tree or shrub to prohibit the access of air, water or fertilizer
to the roots of such tree or shrub.
(5)
Pile any building material or make any mortar or cement
within six feet of a tree or shrub.
(6)
Change the grade of the soil within the limits of
the lateral spread of the branches of any such tree.
E.
Exemptions. The following shall be exempt from the
requirements of this chapter:
(1)
Commercial nurseries.
(2)
Residential lots that are 1.5 times the required lot
size and are removing no more than five trees with a twelve-inch caliper
or less in any two-year period.
(3)
Any tree which is part of a cemetery.
(4)
Trees directed to be removed by Borough, county, state
or federal authority pursuant to law.
(5)
Removal of trees which are dead, dying or diseased,
or trees which have suffered damage.
(6)
Pruning or removal of trees within the right-of-way
by utility companies for maintenance of utility wires or pipelines
and the pruning of trees within sight lines.
(7)
Those projects which have received major subdivision
or site plan approval prior to the effective date of this chapter.
Amended major subdivisions and site plans are subject to the provisions
of this chapter.
F.
Removal of trees; permit required. With the exception of the exemptions set forth in § 165-98E and subject to the provisions of § 165-98I, no tree shall be cut or otherwise removed from any lands in the Borough without a tree removal permit. All applications to the Planning Board for approval of a major subdivision, minor subdivision or any site plan requiring tree removal, unless otherwise exempted pursuant to this chapter, shall include an application for a tree removal permit. When an application for a tree removal permit is made for purposes not related to major subdivision, minor subdivision or site plan approval, the application shall be submitted to the Zoning Officer. No tree that was planted or preserved as part of any landscape plan or in accordance with any street tree requirements approved in conjunction with a subdivision or site plan shall be removed, except for trees directed to be removed pursuant to § 165-98E(4), (5) and (6) above.
G.
Dangerous trees and shrubs.
(1)
Removal required; notice. In case any tree or shrub
or any part thereof along the public highway shall become dangerous
to public safety, the owner of the property in front of which such
tree or shrub is located shall forthwith remove the same, or the required
part thereof, upon receipt of written directive to that effect from
the Department of Construction Official.
(2)
Standard established. The owner or tenant of any lands
lying within the Borough shall keep all brush, hedges and other plant
life, growing within both 10 feet of any roadway and within 25 feet
of the intersection of two roadways, cut to a height of not more than
2 1/2 feet. This shall not require the cutting down of any trees
where there is vision through the trees at a height of between 2 1/2
feet from the ground and eight feet from the ground.
(3)
Removal by Borough. If the owner fails to remove the
tree or shrub or portion thereof within two weeks after receipt of
written notice to do so, the work shall be performed by the Borough
under the supervision of the Office of Zoning Official or a designated
agent of the Borough, who shall certify the cost thereof to the Council.
(4)
Costs charged against lands; lien established. Upon
receipt of the certified costs, the Borough shall examine same and,
if found correct, shall cause the costs to be charged against the
lands or, if the Council deems the costs to be excessive, shall cause
the reasonable cost thereof to be charged against the lands. The amount
so charged shall forthwith become a lien upon the lands and shall
be added to and become and form part of the taxes next to be assessed
and levied upon the lands, the same to bear interest at the same rate
as other taxes and collected and enforced by the same officer and
in the same manner as taxes.
H.
Enforcement. If any person shall continue to violate
any of the provisions of this chapter after being duly notified of
such violation or shall neglect or refuse to comply with any lawful
order of the Office of the Zoning Official, the failure to comply
with a second or each of subsequent notifications or orders shall
be construed as an additional violation of this chapter, and each
such additional offense shall subject the offending party upon conviction
to the same penalty as provided for the first offense.
I.
Permit required; application procedures.
[Amended 3-22-2004 by Ord. No. O-6-04]
(1)
Tree removal requirements for site plans and subdivisions.
Every application to the Planning Board for approval of a subdivision
or any site plan that requires the removal of trees shall include
an application for a tree removal permit. The application shall conform
to the following:
(a)
Application form. The application form shall
be available from the Zoning Office and shall contain the name of
applicant; name of owner of property with consent of that owner, if
different from the applicant; location, size and species of trees
on a sketch of property; and reasons for the removal or destruction.
Proof of payment of taxes for the subject site shall also be included.
(b)
Plan information. An applicant/owner shall file
a tree removal plan along with an application form for permit for
removal or destruction of trees associated with a subdivision or site
plan. The plan should indicate the location and species of trees on
site, and which trees on the property are to be removed, together
with the condition of such trees shown on the plan by the architect,
engineer or land surveyor, under the seal of such professional.
(2)
Tree removal requirements for residential lots (excluding
lots associated with subdivisions). Any residential lot that is less
than 1.75 times the required lot size and removing five or more trees
with a twelve-inch diameter or greater in a two-year period shall
submit an application for a tree removal permit to the Zoning Officer.
The application shall contain the name of applicant; name of owner
of property with consent of the owner if different from applicant;
location and species of trees on a sketch of property; and reasons
for the removal or destruction.
(3)
Tree removal requirements for nonresidential properties
not associated with site plans or subdivisions. The applicant/owner
shall submit an application for a tree removal permit to the Zoning
Officer. The application shall contain the name of applicant; name
of owner of property with consent of the owner, if different from
applicant; location and species of trees on a sketch of property;
and reasons for the removal or destruction.
J.
Review standards. A tree removal permit may only be
granted for the following reasons and under the following terms and
conditions:
(1)
Where the area proposed for the tree removal is to
be occupied by a building or other structure; a street or roadway;
a driveway; a parking area, patio, swimming pool, recreation area;
utility line, easement or right-of-way; or a clearance area for the
placement or storage of soil, fill or construction material or debris
during the tree removal and/or construction operations.
(2)
In areas proposed for tree removal which are not to be occupied by any of the uses or facilities set forth in Subsection J(1) above:
(a)
That the continued presence of such trees is
likely to cause danger to persons or property upon the property for
which removal is sought or upon adjoining property; or
(b)
That the area where such trees are located has
a cut, depression or fill of land, or the topography of the land is
of such character as to be injurious or dangerous to such trees or
to trees located nearby.
(3)
Upon an express finding by the appropriate decisional
authority that the proposed tree removal will not result in or cause,
increase or aggravate any or all of the following conditions: impaired
growth or development of remaining trees or shrubs on the property
of the applicant or upon adjacent property; soil erosion; sedimentation;
dust; drainage or sewerage problems; and dangerous or hazardous conditions.
(4)
The appropriate decisional authority shall have the
power to affix reasonable conditions to the granting of the permit
for the removal of trees.
(5)
Whenever an application for tree removal is granted
under the terms and conditions of this chapter, the following protective
measures shall be observed:
(a)
No material or temporary soil deposits shall
be placed within the dripline of any existing tree to be preserved;
and
(b)
Except while engaged in tree removal, no equipment
shall be operated within six feet of any tree protected by this chapter
nor shall such equipment be operated at any time in such a manner
as to break, tear or bruise or otherwise injure any living tree.
K.
Approval of permit.
(1)
Where the permit application is submitted as part
of an application for minor subdivision, major subdivision or site
plan approval, the time for approval shall be governed by the timing
requirements applicable to minor subdivisions, major subdivisions
or site plans.
(2)
Where the permit application is not made in connection
with a subdivision or site plan application or single-family residence,
the Zoning Officer shall act on the application within 90 days of
its receipt or within such additional time as in consented to by the
applicant. Failure to act within 90 days, or any extension thereof,
shall be deemed to be an approval of the application, and thereafter
the Zoning Officer shall issue a tree removal permit.
(3)
Where the application is made in connection with a
single-family lot (not part of a subdivision), the Zoning Officer
shall act on the application within 30 days of its receipt or within
such additional time as it consented to by the applicant. Failure
to act within 30 days, or any extension thereof, shall be deemed to
be an approval of the application, and thereafter the Zoning Officer
shall issue a tree removal permit.
(4)
Approval by default with regard to minor subdivisions,
major subdivisions and site plan applications shall not be deemed
to be a waiver of a tree removal permit.
(5)
No approval shall be granted by the Board or Zoning
Officer if it is found that the proposed tree removal is contrary
to the best interests of the public health, safety or general welfare.
L.
Referral to other agencies. The appropriate decisional
authority shall refer all applications to the Shade Tree and/or Environmental
Commission for examination and opinion. Their reports shall be submitted
to the appropriate decisional authority within 20 days of receipt
of same. The appropriate decisional authority shall not be bound by
the recommendations of these committees, and failure to submit a report
to the appropriate decisional authority within 20 days shall not be
construed as a restriction at any time following the expiration of
the twenty-day period.
M.
Surety bond required where building permit is sought.
In all cases of application for permit where a building permit is
applied for there shall accompany the application for building permit
a cash or surety bond in a minimum sum of $500 for each acre with
the amount to be determined by the Zoning Officer, which bond shall
assure compliance with the preservation of those trees not to be removed,
which bond shall be returned with the certificate of occupancy less
any costs expended by the Borough to replace trees improperly removed
or destroyed in violation of the permit.
N.
Appeal. In the event of denial of any permit submitted
to the Zoning Officer, the applicant seeking appeal from the decision
shall proceed before the Planning Board as provided by statute.
O.
Application fee. The fee for a tree removal permit
not associated with a minor subdivision, major subdivision or site
plan shall be $25 with each application.
A.
Purpose. The purpose of this section is to provide
for reasonable control of development within the steep slope areas
of the Borough in order to minimize the adverse impact caused by the
development of such areas, including, but not limited to, erosion,
siltation, flooding, surface water runoff, and pollution of potable
water supplies from point and nonpoint sources.
B.
Definition. Steep slopes are defined as land areas
where the slope exceeds 15%.
C.
Applicability and application contents. Applicants
for site plans and subdivisions shall submit all information required
under this section to the appropriate reviewing authority, which shall
not approved the application unless the approval requirements of this
section are met. Applicants for construction permits, including the
construction of buildings, driveways, walls or the clearing of land,
where development is proposed in any steep slope area, shall submit
an application with the information required in this section to the
Borough Engineer to ensure that the proposed development will not
adversely impact adjoining properties.
(1)
Applications for subdivisions or site plan approval
or for a permit for construction, grading or clearing of any lot shall
be evaluated for the presence of steep slopes, as defined herein.
(2)
Application contents. Where application for site plan,
subdivision or a building permit is being made, the following shall
be required:
(a)
A plan, at a scale no smaller than one inch
equals 50 feet and no larger than one inch equals 10 feet, which provides
sufficient on-site detail to evaluate the proposed development, shall
be submitted by a New Jersey licensed engineer or land surveyor.
(b)
The steep slope disturbance plan shall contain
the following:
[1]
Existing and proposed topographic information
using two-foot contour intervals for all steep slopes, as defined
above, and within all areas contemplated for clearing and/or construction.
The percentage of slope shall be computed utilizing ten-foot contours;
[2]
Soil types contained on the lot, with specific
reference to highly erodible soils as defined by the United States
Department of Agriculture Soil Conservation Service;
[3]
Existing and proposed drainage patterns on site
and within 100 feet of the proposed lot under development;
[4]
Location of existing and/or proposed well or
septic systems;
[5]
Location of all trees in excess of 10 inches
in diameter;
[6]
Driveway locations, paved areas and details;
[7]
Details concerning architectural design and
how the proposed construction will relate to, complement and minimize
adverse impacts upon the existing natural features of the lot; and
[8]
Existing buildings and structures.
D.
Limitations on disturbance. All slopes of 15% or greater
located on a tract of land shall be protected from disturbance and
preserved in a natural state, except as provided hereafter:
(1)
Roadways shall be designed to follow natural terrain.
Natural slopes of 20% or greater shall not be disturbed for road construction.
On all slopes greater than 15%, the maximum horizontal distance of
disturbance associated with road construction shall not exceed 35
feet in width as measured from the center line of the road.
(2)
At the Planning Board's or Borough Engineer's discretion,
small isolated pockets of steep slope areas that are under 1,000 square
feet in size may be disregarded, provided that no more than 1,000
square feet on any one lot is disturbed, and provided that such action
would be in the interest of good planning and would not seriously
impair the purposes of this chapter and would otherwise result in
practical difficulties to the applicant. Where, however, the Board
or Borough Engineer finds such pockets to be significantly proximate
and of such size as to constitute a substantial contiguous area, the
reviewing authority may consider them significant and subject to regulation
under this chapter. In such case they would be included in the calculation
of disturbed steep slope area.
(3)
Limited disturbance of steep slope areas is permitted
under conditions set forth below, but only to the following degree
and under said conditions:
|
Steep Slope Category
|
Maximum Disturbance
| |
|
Less than 10%
|
100%
| |
|
10 to 14.99%
|
80%
| |
|
15 to 19.99%
|
40%
| |
|
20 to 24.99%
|
20%
| |
|
25% plus
|
10%
|
(4)
Disturbance in excess of the above amounts may only
be permitted where it can be shown to the satisfaction of the Board
or Borough Engineer that:
(a)
Proposed excavation, removal, depositing or
disturbance of soil shall be consistent with the intent of this section
and shall be executed in a manner that will not cause excessive erosion
or other unstable conditions;
(b)
Provision shall be made for any structures or
protective measures that may be required for the protection of the
public safety, including, but not limited to, retaining walls, headwalls
and fences;
(c)
Provision shall be made for the proper disposition
of surface water runoff so that it will not create unstable conditions.
Appropriate storm drainage facilities shall be constructed as deemed
necessary and adequate protective measures shall be provided for downstream
properties;
(d)
Steep slope areas, where possible, should be
avoided through the use of cluster subdivision or alternative placement
of structures; and
(e)
Where proposed lots to be platted for subdivision
contain steep slopes, each lot shall contain at least 25% of its area
in a non-steep-slope condition to avoid excessive erosion, vegetation
clearance, degradation of water resources while ensuring the proper
placement of housing and associated uses.
E.
Variance required. Disturbance of steep slope areas
in amounts greater than indicated in section shall require a variance.
A.
General application. All nonresidential uses, either
existing or proposed, shall be subject to the following standards.
B.
Compliance with performance standards.
(1)
Prior to commencement of construction and/or
operation. Any application for a building permit or a certificate
of occupancy for a use which shall be subject to performance standards
shall be accompanied by a sworn statement by the owner of subject
property that said use shall be operated in accordance with the performance
standards set forth herein.
(2)
Continued compliance. Continued compliance with
performance standards shall be required and enforcement of continued
compliance with these performance standards shall be enforced by the
Construction Official, Borough Engineer, Health Officer and Fire Prevention
Bureau.
C.
Determination where performance standards are to be
measured. The location where determinations are to be made for measurement
of performance standards shall be made as follows:
D.
Performance standards.
(1)
Vibration. No vibration shall be permitted which is detectable without instruments at points of measurement specified in § 165-100C herein.
(2)
Glare. No direct or sky-reflected glare shall be visible at the points of measurement specified in § 165-100C herein.
(3)
Smoke.
(a)
The emission standard of this chapter or as
promulgated by the New Jersey Department of Environment Protection,
whichever is more restrictive, shall pertain.
(b)
No emission shall be permitted, from any chimney
or otherwise, of visible gray smoke at a shade equal to or darker
than No. 1 on the Power's Micro-Ringelmann Chart published by McGraw
Hill Publishing Company, Inc., copyright 1954, being a direct facsimile
reduction of a standard Ringelmann Chart as issued by the United States
Bureau of Mines.
(c)
The provisions of this subsection shall not
apply to:
[1]
Visible gray smoke of a shade not darker than
No. 2 of said chart which may be emitted for not more than four minutes
in any thirty-minute period.
[2]
Smoke resulting from any fire ignited solely
for the purpose of training or research in fire prevention or protection.
[3]
Smoke from locomotives, the shade or appearance
of which is equal to but not darker than No. 3 of the Power's Micro-Ringelmann
Chart for a period or periods aggregating no more than 30 seconds
in any three consecutive minutes, or smoke of said density for a period
aggregating no more than four minutes in any 15 consecutive minutes
when building a new fire.
[4]
Household fireplaces.
(4)
Odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive as measured as set forth in § 165-100C.
(5)
Fly ash and dust. No emission of any fly ash
shall be permitted to be discharged from any stack, chimney or by
other means into the open air in excess of the quantity set forth
in regulations promulgated by the New Jersey Department of Environmental
Protection.
(6)
(a)
There shall be no noise from any source other
than transportation facilities or temporary construction work which
shall exceed the values given in the following table in any octave
band or frequency. The sound level analyzer that conforms to the specifications
published by the American Standard Sound Level Meters for Measurement
of Noise and Other Sounds, Z 24, 3-1944, American Standards Association,
Inc., New York, New York and the American Standard Specifications
for an Octave Band Filter Set for the Analysis of Noise and Other
Sounds, Z 24, 10-1953, American Standards Association, Inc., New York,
New York shall be used.
|
Frequency Band in Cycles Per Second
|
Sound Level in Decibels
Re 0.0002 DYNE-CM (2)
| |
|---|---|---|
|
0 to 75
|
65
| |
|
75 to 150
|
50
| |
|
150 to 300
|
44
| |
|
300 to 600
|
38
| |
|
600 to 1,200
|
35
| |
|
1,200 to 2,400
|
32
| |
|
2,400 to 4,800
|
29
| |
|
Above 4,800
|
26
|
(b)
If objectionable noises due to intermittence,
beat frequency or hammering exist or if the noise is not smooth and
continuous, corrections shall be made to the above tables by subtracting
five decibels from each decibel level given.
(7)
Radioactivity or electrical disturbance. No
activities shall be permitted which emit dangerous radioactivity.
No activities shall be permitted where electrical disturbances adversely
affect the operation of any equipment. All applicable federal and
state regulations shall be complied with.
(8)
Fire and explosion hazard.
(a)
All activities involving storage of flammable
and explosive materials shall be provided with adequate safety devices
against the hazard of fire and explosion and adequate fire-fighting
and fire-suppression equipment and devices standard in this industry.
Burning of waste materials in open fires is prohibited. The relevant
provisions of state and local laws and regulation shall also apply.
(b)
All raw materials, fuels and finished products
shall be stored in underground tanks. The storage of crude oil or
any other volatile or inflammable liquid in aboveground tanks with
individual capacity greater than 500 gallons is prohibited.
(9)
Liquids or solid waste. There shall be no discharge
of any wastes of any kind into any river, reservoir, pond or lake.
The discharge of untreated wastes into any streams shall also be prohibited.
All methods of sewage and industrial waste treatment and disposal
shall be approved by the Borough and the New Jersey State Department
of Environmental Protection.
A.
Purpose. The Mixed Business (MB) District is implemented
to accomplish the following objectives relevant to the improvement
of existing conditions on the redevelopment site:
(1)
To encourage the redevelopment of Block 903,
Lot 2 pursuant to and consistent with the redevelopment recommendations
and plan;
(2)
To facilitate new construction on the site with
a unified approach to the location and relationship of buildings,
parking, landscape amenities, architectural elements, open space area,
environmental features, access to the surrounding roadway network,
and pedestrian circulation; and
(3)
To provide new development affording employment
opportunities for residents of the Borough and expand the ratable
base.
B.
Application of regulations. Where an applicant seeks
to develop the redevelopment site identified as Block 903, Lot 2 pursuant
to the redevelopment plan, the Borough shall permit redevelopment
in accordance with the requirements set forth in the following sections
of this zoning amendment.
C.
Permitted uses. The following uses are permitted in
the Mixed Business District.
[Amended 11-3-2003 by Ord. No. O-22-03]
(1)
Principal permitted uses. Retail trade and service
establishments (excluding drive-through facilities), eating and drinking
establishments (excluding drive-through facilities), catering facilities,
business and professional offices, and banks and financial institutions,
light industrial uses as provided below:
(a)
Fabrication, assembly and production of finished
or semifinished products from component products.
(b)
Compounding, processing and treatment of finished
or semifinished products from previously prepared or manufactured
materials.
(c)
Packaging and repackaging of products.
(d)
Research and development activities.
(e)
Associated warehousing, storage and distribution
of materials.
(2)
Accessory uses. Off-street parking and loading,
signs, fences and walls, outdoor eating and drinking establishments/cafes,
decks and walkways, outdoor seating areas and promenade structures.
(3)
Conditional uses. The parking and storage of
truck and trailers shall be permitted, subject to the following conditions:
[Amended 11-03-2003 by Ord. No. O-22-03; 12-18-2006 by Ord. No. O-24-06]
(a)
A landscaped buffer or other form of screening
(as determined appropriate by the Planning Board) of the parking/storage
area shall be maintained so that such area is not readily visible
from Harry Shupe Boulevard. Screening may consist of existing vegetation,
new vegetation, fencing, or a combination thereof.
(c)
There shall be a security checkpoint to control
access and egress from the parking/storage area.
(d)
The parking/storage area shall be set back a
minimum of 1,000 feet from the Main Street right-of-way and shall
not be visible from Main Street.
(e)
Trailer containers may not be stacked. Only
single trailers may occupy a space. A designated trailer space shall
measure 12 feet wide by 60 feet long.
(f)
The maximum area utilized for truck parking
and trailer storage cannot exceed 235,000 square feet.
(g)
The storage operations shall be related to businesses
located on lots situated within 100 feet of the perimeter of the delineated
parking/storage area on the site, not within 100 feet of the site.
(h)
To reduce impervious coverage, the parking/storage
area may be composed of gravel and no curbs, site lighting, traffic
islands or other improvements are required.
(4)
Prohibited uses. The following are recommended
as specifically prohibited uses in the MB District:
(5)
The following additional regulations pertain
to any light industrial use in the Mixed Business MB District:
(a)
There cannot be a separate building devoted
solely to light industrial use in the MB District. If a light industrial
land use is proposed, it must be located in a building containing
office use.
(b)
The percentage of the building devoted to light
industrial use shall not exceed 85% of the gross floor area of the
building.
(c)
All loading areas shall be screened and shall
not be visible from Harry Shupe Boulevard.
(d)
All distribution and storage shall be indoors.
There shall be no outdoor storage of materials.
(e)
There shall be no light industrial use in the
MB District within 1,000 feet of the North Main Street right-of-way.
D.
Area and bulk requirements.
(1)
The following regulatory controls apply to the
MB District:
(a)
Minimum lot area: five acres.
(b)
Minimum lot width: 200 feet.
(c)
Minimum lot depth: 250 feet.
(d)
Minimum front yard: 50 feet.
(e)
Minimum side yard: 30/60 feet.
(f)
Minimum rear yard: 40 feet.
(g)
Maximum building height: four stories/50 feet.
(h)
Maximum building coverage: 40%.
(i)
Maximum impervious coverage: 65%.
(j)
Maximum floor area ratio: 0.35.
(2)
To provide for varied design and visual interest,
varied building heights are permitted for buildings on the site which
are set back a minimum nine-hundred-foot distance from the North Main
Street right-of-way. For buildings meeting this minimum nine-hundred-foot
setback from North Main Street, a maximum building height of six stories/75
feet is permitted. Also required in conjunction with this minimum
nine-hundred-foot setback, and the extended building height provision,
is preservation of the existing mature stand of trees which currently
exists along the rear of the site and forms a substantial wooded area
along the Rockaway River. The mature stand of trees must be preserved
to form a minimum fifty-foot-wide mature natural wooded buffer beginning
at a point minimally 900 feet east of the North Main Street right-of-way,
extending southward from the rear lot line and eastward to the east
lot line. However, due to the irregularity of the north lot line and
the extremely narrow depth of the site in the central portion, a uniform
fifty-foot-wide buffer requirement would preclude internal connections
between the east and west portions of the site. Therefore, a modified
buffer area is permitted for that section of the site where the depth
of the site narrows to 300 feet or less, measured from the north lot
line to the south lot line, perpendicular to the Harry Shupe Boulevard
right-of-way. In this area, the required buffer width is reduced to
35 feet (measured southward from the north lot line) and requires
the preservation of existing mature trees within the buffer. A further
provision for the entire buffer area on this site is the allowance
of walking trails and other aesthetic features within the buffer area
to enhance the site's relationship to the adjoining river and existing
preserved wooded area; therefore, appropriate recreational and aesthetic
accessory structures directly related to the enhancement and enjoyment
of these natural amenities are permitted to be located throughout
the required buffer.
E.
Additional zoning regulations. The following additional
regulations are applicable to the MB District:
G.
H.
Submittal requirements. An application for development
in the MB District shall submit a site plan indicating the manner
in which the entire tract is to be developed. Said plan shall include
all the data required for site plan review and clearly indicate the
distribution of uses and intensity of use of land within the tract.
This zone-wide approach to development in the MB District is to ensure
that the zoned tract is developed within the framework of a comprehensive,
integrated design and not in a piecemeal fashion.
I.
Design standards. The following design standards are
applicable to the MB District:
(1)
General design standards.
(a)
Building form and mass. All buildings should
relate harmoniously to the site's natural features, including the
adjoining Rockway River and other on-site buildings. The buildings
should provide a harmonious transition from the other structures in
the surrounding area. Such features should be incorporated into the
design of building form and mass and assist in the determination of
building orientation in order to preserve visual access to natural
or man-made community focal points.
(b)
Large horizontal buildings, i.e., buildings
with a linear dimension of more than 175 feet should incorporate visual
and/or physical breaks to create a more interesting appearance. Related
architectural elements which preclude a continuous uninterrupted facade
building length may also be utilized to achieve a break in the linear
dimension of the building walls in place of an offset, if determined
by the approving authority to achieve the same purpose. All building
foundations shall be appropriately landscaped.
(c)
Buildings with expansive blank walls are prohibited.
Appropriate facade treatments should be imposed to ensure that such
buildings are integrated with the rest of the site.
(d)
New buildings are encouraged to incorporate
such building elements as entrances, corners, graphic panels, display
windows, etc. as a means to provide a visually attractive environment.
(e)
Cornices, awnings, canopies, flagpoles, signage
and other ornamental features should be encouraged as a means to enhance
the visual environment.
(f)
Exterior-mounted mechanical and electrical equipment
exposed to the public view shall be architecturally screened. Roof-mounted
equipment and projections should be screened in such a manner that
the screen will blend in with the building and, where feasible, located
to the rear of the building away from the public view.
(2)
Facade treatment.
(a)
A "human scale" of development should be achieved
at grade and along street frontages through the use of such elements
as windows, doors, columns, awnings and canopies.
(b)
Multitenant buildings shall provide varied storefronts
and such elements as noted above for all ground floor tenants. Upper
floors shall be coordinated with ground floors through common materials
and colors.
(c)
Design emphasis should be placed on primary
building entrances. They should be vertical in character, particularly
when there is the need to provide contrast with a long linear building
footprint, and such details as piers, columns, and framing should
be utilized to reinforce verticality.
(d)
Side and rear elevations should receive architectural
treatments comparable to front facades when public access or public
parking is provided next to the buildings.
(e)
Rhythms that carry through a development complex,
such as facade patterns, window spacing, entrances, canopies or awnings,
etc., should be incorporated into facades when appropriate.
(3)
Materials and texture.
(a)
A variety of materials may be appropriate. Masonry
or pre-cast concrete, which works well at the base of a building,
can vary in size, color and texture, and enables the provision of
a decorative pattern or band.
(b)
The use of fabric or metal canopies is to be
encouraged, especially over storefronts, at entrances or over display
windows.
(c)
Integration of large-scale graphics, where appropriate,
into the facade is encouraged.
(4)
Screening and landscaping requirements.
(a)
Function and materials.
[1]
Buffering shall provide a year-round visual
screen in order to minimize adverse impacts from adjacent areas. It
may consist of fencing, walls, evergreens, berms, mounds or combinations
thereof to achieve the stated objectives as approved by the Planning
Board.
[2]
Irrigation shall be provided for all plantings
in a manner appropriate for the specific plant species. A growth guarantee
of two growing seasons shall be provided and all dead or dying plants
shall be replaced by the applicant, as required, to maintain the integrity
of the site plan. Buffer areas shall be maintained and kept free of
weeds, debris and rubbish.
(b)
General landscape design and planting requirements.
[1]
Landscaping shall be conceived as a total integrated
plan for the entire site, integrating the various elements of the
site design, preserving the particular identity of the site and creating
an attractive site character.
[2]
Landscaping may include plant materials such
as trees, shrubs, ground cover, perennials, annuals and other materials
such as rocks, water sculpture, berms, art, walls, fences and paving
materials.
[3]
Landscaping shall be provided in public areas,
adjacent to buildings, in parking areas, and around the perimeter
of the site.
[4]
Landscaping shall be provided to promote a desirable
visual environment, to accentuate building design, define entranceways,
screen parking and loading areas, mitigate adverse visual impacts
and provide windbreaks for winter winds and summer cooling for buildings.
[5]
The impact of any proposed landscaping plan
at various time intervals shall be considered.
[6]
Plants and other landscaping materials shall
be selected in terms of aesthetic and functional considerations. The
landscape design shall create visual diversity and contrast through
variation in size, shape, texture and color. The selection of plants
in terms of susceptibility to disease and insect damage, wind and
ice damage, habitat (wet-site, drought, sun and shade tolerance),
soil conditions, growth rate, longevity, root pattern, maintenance
requirements, etc., shall be considered. Consideration shall be given
to accenting site entrances and unique areas with special landscaping
treatment. Flowerbed displays are encouraged.
[7]
Sight triangles shall be provided and the sight
distance shall be measured from the driver's seat of a standing vehicle
on that portion of the exit driveway that is immediately contiguous
to the traveled way with the front of the vehicle 10 feet behind the
right-of-way line of the road with the height of the 3.75 feet to
the top of the object 4.5 feet above the pavement. Based on an allowable
speed of 25 miles per hour on the roadway, a minimum one-hundred-seventy-five-foot
sight distance is required. Landscaping within sight triangles shall
not exceed a mature height of 30 inches. Shade trees shall be pruned
up to an eight-foot branching height above grade.
[8]
In cases where natural features existing on
site duplicate the planting requirements of this section, the landscape
requirements may be waived by the Planning Board.
[9]
The use of indigenous/native plant material
is to be encouraged to establish sustainable landscapes that blend
with the natural environment.
[10]
All plant materials, planting
practices and specifications shall be in accordance with the American
Standards for Nursery Stock by the American Association of Nurserymen
Standards.
[11]
The design standards are minimum
requirements. The Borough may request additional development features
exceeding these standards if conditions warrant.
(c)
Street trees.
[1]
Street trees shall be required along the roadway
frontage.
[2]
Street trees shall be installed along the site's
frontage, along a uniform distance from and parallel to the roadway.
The spacing of street trees shall be no farther than 40 feet on center.
When trees are planted at predetermined intervals along streets, spacing
shall depend on tree size as follows:
|
Tree Size/Type
|
Planting Interval
(feet)
| |
|---|---|---|
|
Large trees/Group A
|
40
| |
|
Medium-sized trees/Group B
|
30
| |
|
Small trees/Group C
|
20
|
[3]
The trees shall be planted so as not to interfere
with utilities, roadways, sidewalks, sight easements or streetlights.
Tree location, landscaping design and spacing plan shall be approved
by the Planning Board as part of the site plan or subdivision process.
[4]
Street tree type. Tree type may vary depending
on the overall effect desired. Depending upon the length of the frontage,
more than one variety of street trees should be provided to create
biodiversity and reduce the problems associated with a monoculture
planting. Trees shall be planted in groupings of similar varieties.
Trees of similar form, height and character along the roadway shall
be used to promote uniformity and allow for a smooth visual transition
between species.
[5]
Tree selection shall be based upon on-site conditions
and tree suitability to those conditions. The following Tree List
shall be used as a guide for the selection of street trees:
|
Category
|
Common Name
|
Botanical Name
| |
|---|---|---|---|
|
Group A
|
Green mountain sugar maple
|
Acer saccharum 'green mountain'
| |
|
Red maple
Patmore ash
|
Acer rubrum 'red sunset'
Fraxinus lanceolata 'pratmore'
| ||
|
Skyline honey locust
|
Gleditsia tricanthos, inermis 'skyline'
| ||
|
Greenspire linden
|
Ilia cordata 'greenspire'
| ||
|
Northern red oak
|
Uercus rubra
| ||
|
Green vase zelkova
|
Elkova serrate 'green vase'
| ||
|
Group B
|
Pyramidal european hornbeam
|
Carpinus betulus 'frastigiate'
| |
|
Kwanzan cherry
|
Prunus serrulata 'kwanzan'
| ||
|
Redspire pear
|
Pyrus calleryana 'redspire'
| ||
|
Capital pear
|
Pyrus calleryana 'capital'
| ||
|
Regent scholar tree
|
Sophora japonica 'regent'
| ||
|
Group C
|
Newport plum
|
Prunus cerasifera 'newport'
| |
|
Cumulus shadblow
|
Amelandier 'cumulus'
| ||
|
Amanogawa columnar cherry
|
Prunus serrulat 'amanogawa'
|
(d)
Planting specifications.
[1]
All trees shall have a minimum caliper of 2.5
to three inches measured six inches from grade in accordance with
standards established by the American Association of Nurserymen. Trees
shall be nursery-grown, free of disease, substantially uniform in
size and shape and have straight trunks. The minimum branch height
at planting shall be six feet, except where planting is on a sight
triangle, in which case no branches shall be below eight feet.
[2]
Trees shall be properly planted and firmly supported
with two or three guy wires attached to stakes. Pieces of rubber hose
shall be used under the wires where they are attached to the trees.
Wires and stakes shall be removed by the applicant after one year.
(5)
Lighting.
(a)
The use of creative lighting schemes to highlight
building facades and related areas of a site shall be encouraged.
The use of decorative-style lanterns and similar fixtures also shall
be encouraged. Exterior neon lights and lighting generating glare
and unnecessary night-glow impacts shall be prohibited.
(6)
Tree Preservation Ordinance. The Borough's Tree Preservation Ordinance (§ 165-98) shall apply to the MB District.
(7)
Accessory structure regulations. To enable flexible
design and integration of the adjoining Rockaway River into the overall
redevelopment of Block 903, Lot 2, the following regulations for accessory
structures shall be applicable to the MB District.
(a)
Portions of the site's northerly lot line adjoin
the Rockaway River, and to encourage scenic overlooks and outdoor
promenade areas, with seating and other amenities, there shall be
no setback requirement for accessory structures from the north lot
line of the site, if such accessory structures provide an on-site
amenity related to recreational activity or visual enjoyment of the
Rockaway River and the surrounding area.
(b)
Accessory structures shall be permitted in the
North Main Street front yard setback area, although they shall be
no closer than 30 feet to the North Main Street right-of-way.
(c)
The maximum height of such accessory structures
shall be limited to 25 feet.
(d)
Accessory structures shall be included in the
calculation of building coverage and floor area ratio.
(e)
Decks and patios connected to a principal building
in this district are not subject to the setback requirements for the
principal building, if the patios and decks are oriented toward the
Rockaway River.
[Added 8-17-2020 by Ord. No. O-13-20]
The 170 N. Main Street Redevelopment Plan standards apply as
an overlay zone on Block 301, Lot 1. See Attachment 7, 170 N. Main
Street Redevelopment Plan.
